Category Archives: Probate 101

Joint Tenancy and Spouses: Understanding SC Law

In South Carolina, you have the right to title assets (this includes real property, bank accounts, car titles and more) in several ways. Today’s post will not detail ALL of the various ways we can hold title, but will discuss … Continue reading

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What is a Small Estate?

In South Carolina, opening a small estate is a convenient alternative to opening a full estate.  It’s a quick and cheap option available to some depending on the value of the decedent’s property that needs to be transferred.  The small … Continue reading

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To Receive or Not to Receive – Illegitimate Children in Probate

In the 2010 Census, we learned that more than forty percent (40%) of children born in the United States are born to unwed mothers. While the issue of “illegitimate” children is certainly nothing new, it does lead to complex probate … Continue reading

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Paying Creditor’s Claims

One of the primary duties of the Personal Representative is to manage the estate assets, which includes paying creditors of the estate. In performing this duty, there are several important things a Personal Representative should remember. First, most creditors should … Continue reading

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Avoiding Probate

Years ago, there was a booth at a local festival with a banner that said “Ask me how to avoid probate!” At the time, I was elected as a Probate Judge so naturally I approached the booth and asked “So, … Continue reading

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Removal of the Personal Representative – The Basics

It’s not uncommon for one or more of the heirs or devisees of an estate to be unhappy with the Personal Representative(s). Sometimes, they have a very good reason to be discontent, but on other occasions I find that decades … Continue reading

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Am I An Heir? Part II – Decedent had no spouse or children. Now what?

While the majority of estates where there is no will are handled by the first portion of S.C. Code §62-2-103 (covered in an earlier post), there are situations where there are no takers and we must go further to find an … Continue reading

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Am I An Heir? Part I – Share of spouse and children

It’s human nature after the death of someone to be curious as to whether or not you might be an heir to their estate. But, before you quit your day job and rely on living off of an inheritance, you … Continue reading

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So how long is this going to take?

Perhaps one of the most common questions we get when people start the probate process is, “Exactly how long is this going to take?” Unfortunately, the answer to this question is very specific to your case and often beyond the … Continue reading

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Who will be the Personal Representative? (Part II)

Part II of this discussion on who serves as P.R. if you don’t have a will discusses the issues of divorce, minor children and common law marriage. Continue reading

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